Holzheimer v. Johannesen

871 P.2d 814 (1994)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P went to D's fruit farm to purchase or borrow fruit packing boxes. Farmers in the area routinely sold at cost or loaned packing boxes to each other, as needed, as a favor to one another. Four days prior William McConnell, the foreman at D's fruit farm, took P into the warehouse and pointed out where the boxes were stored. He showed P how he could retrieve them in the future by himself. McConnell informed P that if he needed additional boxes in the future, he could retrieve them on his own. P entered the warehouse to obtain more boxes. P climbed on top of the pallets and in the process fell into the center of them, suffering head and shoulders injuries. P sued D for personal injuries. D claimed that P was a licensee when he entered the warehouse and was only entitled to a lower standard of care. The court instructed the jury that there was a question of fact as to whether P was an invitee or licensee and then gave the jury an instruction defining both and setting forth the appropriate standards of care. P objected, and D got the verdict. P appealed. P asserts he was an invitee.